ML23086A091

NMFS to NRC, Transmittal of Biological Opinion for Continued Operations of Salem and Hope Creek Nuclear Generating Stations

ML23086A091
Person / Time
Site:	Salem, Hope Creek
Issue date:	03/24/2023
From:	James Anderson US Dept of Commerce, National Marine Fisheries Service, US Dept of Commerce, National Oceanographic and Atmospheric Administration
To:	Briana Grange Office of Nuclear Material Safety and Safeguards
References
GAR-2020-02842
Download: ML23086A091 (1)

Text

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE GREATER ATLANTIC REGIONAL FISHERIES OFFICE 55 Great Republic Drive Gloucester, MA 01930 March 24, 2023 Briana A. Grange Conservation Biologist & ESA Consultation Coordinator Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 RE: Biological Opinion for Continued Operations of Salem and Hope Creek Nuclear Generating Stations

Dear Ms. Grange:

Please find enclosed a copy of NOAAs National Marine Fisheries Services (NMFS) Biological Opinion on the effects of the continued operation of the Salem and Hope Creek Nuclear Generating Stations pursuant to existing operating licenses issued by the U.S. Nuclear Regulatory Commission (NRC) to PSEG Nuclear LLC. In this opinion, we conclude that the continued operation of these facilities is likely to adversely affect but not likely to jeopardize the continued existence of endangered shortnose sturgeon, the threatened Gulf of Maine Distinct Population Segment (DPS) of Atlantic sturgeon, the endangered New York Bight, Chesapeake Bay, Carolina or South Atlantic DPS of Atlantic sturgeon; the Northwest Atlantic DPS of loggerhead sea turtles or Kemps ridley or green sea turtles. This document replaces the opinion we issued on July 17, 2014.

Our opinion includes an Incidental Take Statement (ITS), which is an exemption from the prohibition of take of listed species. Incidental take is take that results from, but is not the purpose of carrying out an otherwise lawful activity. Otherwise lawful activities are those actions that meet all State and Federal legal requirements, including any state endangered species laws or regulations, except for the prohibition against taking in ESA Section 9. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not prohibited under the ESA, provided that such taking is in compliance with the terms and conditions of this ITS.

The ITS specifies reasonable and prudent measures necessary to minimize and monitor take of shortnose and Atlantic sturgeon and loggerhead, Kemps ridley and green sea turtles. The measures described in the ITS are non-discretionary, and must be undertaken so that they become binding conditions for the exemption in section 7(o)(2) to apply. In order to monitor the impact of incidental take, you must report the progress of the action and its impact on the species to us as specified in the ITS [50 CFR §402.14(i)(3)] (See U.S. Fish and Wildlife Service and National Marine Fisheries Services Joint Endangered Species Act Section 7 Consultation Handbook (1998) at 4-49).

This concludes formal consultation on the proposed actions. As provided in 50 CFR §402.16, reinitiation of formal consultation is required where discretionary federal agency involvement or control over the action has been retained (or is authorized by law) and if: (1) The amount or extent of taking specified in the incidental take statement is exceeded; (2) new information reveals effects of the action that may not have been previously considered; (3) the identified action is subsequently modified in a manner that causes an effect to listed species; or (4) a new species is listed or critical habitat designated that may be affected by the identified action. In instances where the amount or extent of incidental take is exceeded, section 7 consultation must be reinitiated immediately.

Should you have any questions regarding this Biological Opinion, please contact Jolvan Morris of my staff ((978)282-8429 or Jolvan.Morris@noaa.gov). I appreciate your assistance with the protection of threatened and endangered species and look forward to continued cooperation with NRC during future Section 7 consultations.

Sincerely, Jennifer Anderson Assistant Regional Administrator for Protected Resources Enclosure CC: Grange- NRC Strait- PSEG EC: Crocker, Morris- NMFS/PRD Williams- GCNE File Code: Sec 7 NRC - Salem/Hope Creek PCTS: GARFO-2020-02482 2